ON THE LEGAL NATURE OF GIFT CARDS

In this article, the authors discuss the legal nature of gift cards. The authors propose a classification of gift cards based on various criteria. A study of law enforcement's view of gift cards is conducted with reference to court practice. The authors believe that gift cards represent mixed-type contracts. Recognizing the consumer as a vulnerable party in the context of their participation in public contracts, which include various rules governing the issuance and circulation of gift cards according to judicial practice, many provisions of the Rules, which not only directly diverge from the provisions of the Consumer Protection Law, but also fall outside the scope of the Consumer Protection Law, are deemed unlawful and inapplicable (for example, the terms of presentation of gift cards to sellers, the possibility of refunding money for a gift card without purchasing a particular product). The authors highlight the potential for abuse of rights and propose the addition of provisions to the Consumer Protection Law to address the identified gaps in laws.